3671, 151268/16.

149 A.D.3d 476 (2017)

2017 NY Slip Op 02759

52 N.Y.S.3d 89

NINA TOKHTAMAN, Respondent, v. HUMAN CARE, LLC, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 11, 2017.

Defendants are not entitled to dismissal of the minimum wage, overtime, and failure to pay wages claims. The merit of these claims depends on whether plaintiff, who was employed by defendants as a home health care attendant, falls within the category of employees who need only be paid for 13 hours of every 24-hour shift. We find that plaintiff has sufficiently alleged that she does not fall within that category.

Department of Labor Regulations (12 NYCRR) § 142...

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